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2024 (4) TMI 1
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....r the Respondent : Mr. Ravi Prakash and Mr. Astu Khandelwal, Advocates. ORDER The present petition has been filed seeking quashing of complaint under Section 138 of the Negotiable Instruments Act, 1881 (NI Act) filed by the respondent company/complainant against the petitioners/accused. 2. Brief facts resulting in the filing of the present petition are set out below:- i. The Memo....
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....tract with the petitioners vide letter of termination dated 15th June, 2017. vi. The petitioners vide e-mail dated 21st June, 2017 asked the respondent company not to deposit the aforesaid cheque. However, the respondent company deposited the said cheque. vi. Since the aforesaid cheque was dishonoured, a complaint under Section 138 of the NI Act was filed by the respondent compan....
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.... and proceedings under Section 138 of the NI Act are separate and independent proceedings and both can proceed simultaneously. 5. I have heard the counsels for the parties. 6. The relevant part of the Supreme Court judgment in Sri Krishna Agencies (supra) is set out below:- "4. Mr Adhyaru, learned Senior Counsel appearing in support of the appeal, submitted that the High Court has a....
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....n the said decision, it was held that merely because arbitration proceedings have been undertaken, the criminal proceedings could not be thwarted. 6. On behalf of Respondent 2, the submissions which had been urged before the High Court were reiterated which however appear to be unacceptable having regard to the decision cited by Mr Adhyaru. 7. We are also of the view that there c....